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A49337 Of the subject of church power in whom it resides, its force, extent, and execution, that it opposes not civil government in any one instance of it / by Simon Lowth ... Lowth, Simon, 1630?-1720. 1685 (1685) Wing L3329; ESTC R11427 301,859 567

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more private her Majesty declares in Parliament this very same thing in her first year Cap. 1. Sect. 14. Provided also that the Oath expressed in the said Act made in the first year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queens Majesties Injunctions Published in the first year of her Majesties Reign that is to say To confess and acknowledge in her Majesty her Heirs and Successors none other Autority than that was challenged and lately used by the noble King Henry VIII and King Edward the VI. as in the said Admonition more plainly may appear § XI KING James who is next comes up to the same Point and in his Proclamation before the Articles of Religion thus declares That We are the Supreme Governor of the Church of England and if any difference arise about the external Polity concerning Injunctions Canons or other Constitutions whatsoever thereunto belonging the Clergy in their Convocation is to order and settle them having first obtained leave under Our Broad Seal so to do We approving their said Ordinances and Constitutions provided that none be made contrary to the Laws and Customs of this Land That out of Our Princely Duty and Care the Churchmen may do the Work that is proper for them the Bishops and Clergy from time to time in Convocation have leave to do what is necessary to the settling the Doctrine and Discipline of this Church SO that I think no more need be said to § XII satisfie any reasonable Person that the King and the Church are two distinct Powers in the sense of the Statute Book or in Parliament Language nor do our Kings interpose in Religious Matters any otherways than to make Religion Law what the Church in Convocation determines and recommends as the Tradition of Faith as agreeing to the Holy Scriptures and the Collections of the Ancient Fathers and Holy Bishops therefrom and to the guarding it with Penalties to be inflicted on such as oppose and violate it just as the first Christian Emperors did Nor can our Religion since the Reformation be any otherwaies called a Parliament Religion then it might have been called so before where the same Secular Power is equally extended and executed as in case of the Lollards certain supposed Hereticks Subverting the Christian Faith the Law of God and the Church and Realm to the extirpating of them and taking care that they be punished by the Ordinaries II. Henry V. Cap. VIII and so before IV. Henry IV. Cap. XV. where the Laws are these None shall Preach without the License of the Diocesane of the same place None shall Preach or Write any Book contrary to the Catholick Faith or the Determination of the Holy Church None shall make any Conventicles of such Sects and wicked Doctrines nor shall favour such Preachers Every Ordinary may Convent before him and Imprison any Person suspected of Heresie An obstinate Heretick shall be burnt before the People And VI. Richard II. Cap. V. Commissions are directed to Sheriffs and others to apprehend such as be certified by the Prelates to be Preachers of Heresies their Fautors Maintainers and Abettors and to hold them in strong Prison until they justifie themselves according to the Laws of Holy Church And which is more remarkable in the II. and III. of this King Cap. VI. the choice or Pope Vrban is made Law and confirmed in Parliament and 't is by them Commanded that he be accepted and obey'd But does the Pope of Rome therefore return and owe his Autority to the Parliament of England how would they of Rome scorn such a thing if but insinuated and yet the Act of Parliament was in its design acceptable and advantageous to them they had the Civil Autority thereby to back and assist them as occasion and which might work that Submission to the present Election his Holinesse's Bulls could not do at least so readily and effectually That this Nation did always understand the outward Policy of the Church or Government of it in foro exteriori to depend upon the Prince a learned Gentleman late of the County of Kent Sir Roger Twisden Knight and Baronet has given a very satisfactory account to them that will receive any in his Historical Vindication of the Church of England in Point of Schism c. Cap. 5. practised by the best of Kings before the Conquest Ina Canutus Edward the Confessor whose Praises are upon Record in the Romanists account of them and the last a Canonized Saint and to which they were often supplicated by the most Holy Bishops Upon the same Grounds are we to laugh at their Folly or Madness or rather Malice when they taunt us with a Parliament-Religion which has only the benefit of the Government for its Protection and our Kings do but that Duty is laid upon them by St. Paul take care that under them we may lead a quiet and peaceable life in all Godliness and Honesty Christianity it self ever since Constantine's time may be as well reproach'd that it was Imperial or which is in effect the same Parliamental Since the Empire was Christian and defended it nay while it was Heathen for some particular Emperors upon some occasions have adhered to and protected it and that it had no other bottom than Reasons of State and a worldly Complyance and the lewd Pen of Baxter in his Prophaner History of Bishops c. Cap. 1. Sect. 37. gives the same account of the Church's increase under Constantine on the score of Temporal Immunities That a Murderer that was to be hang'd if a Christian was but to be kept from the Sacrament and do some confessing Penance c. for those Governors then assum'd the same Power in Religious Matters as have done our Kings since the Reformation as must appear to him that compares the two Codes Novels and Constitutions at large or if hee 'l not take that pains the Abridgment is made above with our Statute Book both which only take care that the Religion receiv'd and own'd in the Church and by Churchmen be protected and every Man in his station do his Duty in order to it if the common words in the Statutes carry the usual common sense and are to be apprehended by him that is not a common Lawyer and which the Author of these Papers does not pretend to be § XIII ONLY Mr. Selden inrodes us here again and comes quite cross too against us he tells the World other things That Excommunication in particular and then they may as well do all the rest is what belongs to the Parliament and which has actually Excommunicated and the Bishops are impower'd only by Parliament to proceed in the like censures and but by a Derivation from both Houses he says in plain terms that all Power and Jurisdiction usually call'd Church Power and Jurisdiction is originally and immediately from the Secular and this he thinks he has demonstrated from several Acts of Parliament to this purpose
If the Jesuit do let him look to it Christianity is not in fault An entring into or renewing the Covenant at the Font or Altar is no Encroachment on the but Justice of Peace in the Neighborhood Sect. 43. Excommunication and other Censures change no Mans Condition as to this World they have no force but in relation to known Duties Prudence is to rule in the Execution particular regard to be had to Princes Whatever is Coercive annexed is from the Prince Lay-Judges Chancellors c. when first granted by the Empire upon the Bishops Petition The same is Absolution neither innovate in Civil Affairs Sect. 44. Conciliary Acts invade no more than does the Gospel it self That Canons have had the precedency of the Law is by the savour of Princes a Council without local meeting Letters Missive Sect. 45. Ordaining others no more prejudicial to the Crown than the former acts This is Mr. Hobbe's Misapprehension Sect. 46. CHAP. V. THe grand Objection out of Mr. Hobbes If these two Powers command the same Person at the same time inconsistent Performances it arises from that false Principle that all Power is outward Sect. 1. This infers equally against the Laws of God and which may and do sometimes thus interfere are as difficultly reconcileable with the State Acts. No Church Laws oblige against Natural Duty The Laws of Religion considered at large in order to a clearer Solution Sect. 2. Mr. Hobbe's Rule will Answer all Consider what is and what is not necessary to Eternal Salvation Sect. 3. The same is the Rule of the Ancient Fathers Sect. 4. If Mr. Hobbes his Faith and Obedience be all that is Necessary 't is then easily determined because to obey only the Soveraign Sect. 5. Dr. Tillotson his Sermon of Love and Peace to his Yorkshire Countreymen not to be Vindicated from being herein of Hobbe's Judgment in what he Dissents from him No Church-Power since Miracles ceased according to Mr. Dean Sect. 6. The Gospel calls for Confession and Obedience in Opposition to though not in Contempt of Princes to the hazard of all So the best Christians the worst of Hereticks only Simon Magus Basilides c. did otherwise Sect. 7. For a full Answer the Laws of Religion are to be ranked under Three general Heads They are Arbitrary and Humane Arbitrary and Divine Necessary and Divine Sect. 8. Laws Arbitrary and Humane though never losing their Sanction yet cease in some Cases in the Execution As when the Empire gave Indulgencies beside the Canon Sect. 9. The Civil Injunction does not immediately oblige the Christian in these Cases The Church has her own Power never to be yielded up Ceremonies not the main thing Sect. 10. Not to be changed with our Clothes That Worship which is best not to be foregone only to yield to what is always Necessary The Case of the Asiaticks about Easter Sect. 11. Especially in our Church of England Sect. 12. Least of all are our Mutinies and Factions our even weakness a Ground for Change Sect. 13. Laws Arbitrary and Divine cease in some instances as to Practice the Advantage of Afflictions A good Christian always a good Subject the Empire still gave Rules and Limits in the Exercise of these Positive Duties Sect. 14. To submit and cease as to particular Practice upon the lawful Command of the Magistrate is not the Case in Doctor Tillotson's Sermon to give up the Institution to him If commanding a false Worship I am to withstand him 'T is no Hypocrisie though I go not into immediately and there Preach the same in Spain Mr. Dean's unheard of Notion of Hypocrisie in what Case the Magistrate is serviceable to promote the Faith Sect. 15. The last sort of Laws both Necessary and Divine are never to cease in any one Instance or under what Circumstances soever either as to their Right or Practice I am never to do any one Immorality always to own and profess the Cross of my Saviour Sect. 16. The great Goodness of God in giving such a Subordination of Duties that the end of each may be answer'd in enjoyning nothing absolutely necessary to Heaven but what is in our Power that no Contingencies of this World can take from us our Eternity a Reward we can never miss of without our own Faults Sect. 17. CHAP. VI. The Contents The last general of the Discourse Sect. 1. What the Autority of our particular Church and Kingdom is in this Controversie where not Apostolical and Primitive there not obliging Their Doctrine Laws and Practice all along on our side Sect. 2. The People are only Testimonies of the Manners of such as are to be Ordained in our Book of Ordination Sect. 3. No Autority in any but those of the Priesthood to Ordain Excommunicate c. as in our Rubricks Articles c. Sect. 4. Our Kings claim'd it not in their Acts Declarations c. in the days of Henry VIII in the Act of Submission He is declared a Lay-man nothing in Religion made Law but by him He defends Religion His Power as the Supreme Governor of the Church Is called Worldly and Secular Sect. 5 6 7 8. Of King Edward VI. That the Bishops were to use not their own as formerly but his Name and Seal in their Processes c. implies no such thing Sect. 9. Of Queen Elizabeth King James Sect. 10 11. The King and Church distinct Powers in our Statute Book Our Kings now have but the same Power the Empire of old and their Predecessors before the Reformation had If our Religion be Parliamentary that anciently was Imperial Sect. 12. Mr. Selden says the Parliament of England both can and has actually Excommunicated and the Bishops Power is derived only from them Sect. 13. The Acts of Parliament he produces V. VI. Edw. VI. Cap. IV. III. Jacobi Cap. V. infer it not Sect. 14. Nor do those of II. III. Edw. VI. Cap. 1. Elizabethae Cap. II. that the Prince limits Excommunications in the Execution is not against the Divine Right of them His Instances in the Rump Parliament Geneva The Parliament of Scotland III. Jacob. VI. Cap. XLV are all against him Sect. 15. Archbishop Whitgift is not proved to have Licensed Erastus his Works for the Press that they were found in his Study is no Argument he was an Erastian if Licensed by the Autority of the Nation no Evidence that his Doctrines were then owned Sect. 16. Our own Doctors of the same Opinion with us instances in two of them Sect. 17. Bishop Bilson St. Ambrose one of Doctor Tillotson's Hypocrites A private Liberty of Conscience not enough a false Religion to be declared against though by Autority abetted Mr. Dean gives advantage to the Papists Calumny That our Religion is only that of our Prince Sect. 18. Bishop Sanderson his particular Judgment concerning the Divine Right of Episcopacy Sect. 19. Mr. Selden objects again that our own Doctors and Writers are all on the other side The particular Authors each reckon'd up He
Power as the Supreme Governor of the Church Is called Worldly and Secular Sect. 5 6 7 8. Of King Edward VI. That the Bishops were to use not their own as formerly but his Name and Seal in their Processes c. implies no such thing Sect. 9. Of Queen Elizabeth King James Sect. 10 11. The King and Church distinct Powers in our Statute Book Our Kings now have but the same Power the Empire of old and their Predecessors before the Reformation had If our Religion be Parliamentary that anciently was Imperial Sect. 12. Mr. Selden says the Parliament of England both can and has actually Excommunicated and the Bishops Power is derived only from them Sect. 13. The Acts of Parliament he produces V. VI. Edw. VI. Cap. IV. III. Jacobi Cap. V. infer it not Sect. 14. Nor do those of II. III. Edw. VI. Cap. 1. Elizabethae Cap. II. that the Prince limits Excommunications in the Execution is not against the Divine Right of them His Instances in the Rump Parliament Geneva The Parliament of Scotland III. Jacob. VI. Cap. XLV are all against him Sect. 15. Archbishop Whitgift is not proved to have Licensed Erastus his Works for the Press that they were found in his Study is no Argument he was an Erastian if Licensed by the Autority of the Nation no Evidence that his Doctrines were then owned Sect. 16. Our own Doctors of the same Opinion with us instances in two of them Sect. 17. Bishop Bilson St. Ambrose one of Doctor Tillotson's Hypocrites A private Liberty of Conscience not enough a false Religion to be declared against though by Autority abetted Mr. Dean gives advantage to the Papists Calumny That our Religion is only that of our Prince Sect. 18. Bishop Sanderson his particular Judgment concerning the Divine Right of Episcopacy Sect. 19. Mr. Selden objects again that our own Doctors and Writers are all on the other side The particular Authors each reckon'd up He perverts and abuses them all Sect. 20. The two Vniversities in their Opus Eximium c. in the Reign of Henry VIII 1534. altogether against him Sect. 21. Stephen Bishop of Winchester Orat. de vera Obedientia is of the same Mind and so is Richard Sampson Dean of the Chappel to Henry VIII in an Oration to this purpose Sect. 22. The Papers in the Cottonian Library seems the same with Dr. Stillingfleet's M. SS in his Irenicum Both he and Dr. Burnet unfaithful in the Printing of it Dr. Durell's account of it Archbishop Cranmer with the Bishops and Doctors engaged in our first Reformation were not Erastians from the account given of them in his Church History by Dr. Burnet Less Discretion in Printing such Papers nor is their Autority really to be any thing Sect. 23. Mr. Selden is shameless in quoting Bishop Andrews who determines all along against him Those Laws that Protect the Church must in course inspect their Actions The Bishop disswaded Grotius from Printing his Book De Imperio summarum Potestatum in Sacris Ha' y' any Work for a Cooper is indeed of Mr. Selden's side and the Lord Falkland His very ill Speech in the House of Commons 1641. His Pulpit Law and Decision of the Divine Right of Kings as well as of the Church He and such like Speech-makers Promoters of the late Rebellion affronts both to King and Priest design'd at once when the Crown is entitled to the Priesthood Sect. 24. Archbishop Bancroft Archbishop Whitgift and Bishop Bilson under the Suspition of Erastianism Accused as such by Robert Parker de Politeia Ecclesiastica a Malicious Schismatick made use of still against our Church by Dailee against Ignatius his Epistles by Doctor Stillingfleet in his Irenicum Our Bishops and Doctors are not against the Divine immutable Right of Bishops as Doctor Stillingfleet mistook out of Parker and reports them to be Satisfaction may justly be required of him for it Sect. 25. The Writings of the best Men how they may be mistaken as of Justin Martyr The first Council of Nice St. Jerome concerning Chastity and Episcopacy Bishop Cranmer and our first Reformers Bishop Whitgift Bancroft and Bilson The Point was at first only the Bishop of Rome's Supremacy A secular title only no Characteristical mark then betwixt the Protestant and Papist The Lay-Elders in their Consistory set up after this as Popes in his room These our Bishops warmth was exercised against whatever indiscretion in laying the Argument The Power of the Prince and the Priest are still contra-distinguished Kings are not Governors next and immediately under Christ as the Mediator The mistake of many in their Pulpit Prayer Our Kings and Church do not thence derive their Power nor so claim it in their Acts Statutes Declarations Articles c. in the forms of bidding Prayer by Queen Elizabeth and King James c. of ill consequence if they do Doctor Hammond's Autority Sect. 26. Particular Doctors not the Rule in Religion The several ways by which Error comes into the World Julian's Plot to destroy Christianity How Pelagius managed his Heresie by Rich and Potent Women by feigned Autorities of great Men. Liberius of Rome and Hosius comply with Arianism wearied with Persecutions Theodosius his Doctores Probabiles Cod. 16. Theodos Tit. 1. l. l. 2 3. THE last general of this Discourse now § I follows and I am to shew that what hath hitherto been said concerning Church Power as a Specifick and distinct from any thing in either the People or the Crown is agreeable with the particular Establishments by the Laws of our Kingdom made for the owning and defence of Christianity and by consequence with the Religion it self so own'd and professed in our Church since the Reformation AN undertaking I do not therefore engage § II in as if these Doctrines of our common Christianity receiv'd from the beginning and devolv'd all along downward in the first Ages as is already shew'd could obtain further Autority or expected an after Sanction and Establishment from us and e're fully assented to and received wanted force and obligation was to be abated of or abolished where not according to our particular ordering model and constitution framed and drawn up autorized and made publick Fifteen hundred years after this is absurd in the Proposal and must be worse in the Practice it runs as it ought to do contrary to our selves to the Plot and Design of this our Church in each of her Collections Articles Injunctions Canons Constitutions and Homilies appointed to be read in the Churches in the time of Q. Elizabeth And altogether to our purpose are the Homilies composed by the Bishops limiting Church-Power to the Priesthood and apparently distinguishing betwixt the Autority and Laws of the Church and State assigning different Ends and Effects unto each Part 2. Of the Sermon of Good Works This arrogancy God detested that Man should so advance his Laws to make them equal with God's Laws wherein the true honouring and worshipping of God standeth and to make his
Henry VIII cap. 21. in the outward Courts and Jurisdiction Ecclesiastical neither did he in his Practice either in his own Person or the Persons of Church-Men by a Plea of deriving the Power unto them from himself take upon him any thing essential to the Priest-hood as to determine in Matters of Faith decide Controversies to offiociate at the Altar to ordain c. even to appoint Laws and Canons for discipline or Proceedings in that Convocation called and continued by his Power but as there first debated and determined framed into a Rule and in presiding over whom his headship so much consisted § IX WEE 'L go on from King Henry VIII to King Edward VI. and in the first year of his Reign cap. 2. Sect. 3. we meet with a notable alteration made in Words and though no more yet may make a shew as if he assumed a farther new Power to himself as supreme head of the Church which King Henry VIII did not do before him and whereas the Arch-Bishops Bishops and other spiritual Persons do use to make and send out their Summons Citations and Process in their own Names and with their own Seals it is enacted That they be made and sent out in the Name and with the Seal of the King c. but this relating only to the Courts Ecclesiastical as in the Words of the Statute and by which the King is own'd the Supreme by the Clegy as 't is also in the Statute worded and acknowledged nor can any Arch-Bishop Bishop c. summon any of the King's Subjects to any Place without his leave and not enabled by him the King may authorize them in what form he please whether of that of the Common-Law or in any other as in that of Majors in Corporations or Vice-Chancellors in the University or Court-Leets which latter was the form and is by this Act abolished and the first brought into its room and upon what reasons soever this Act was laid and passed in King Edward's days or repealed by Queen Mary as to be sure the two Parties the Puritan and the Papist thought they served themselves and particular Designs in it it was never re-enforced by any succeeding Parliaments nor attempted that I have met with in the days of either Queen Elizabeth or King James or King Charles the first or second The Prince was not thought to loose or gain any thing as to his Autority in Spirituals which way soever it went nor the Bishops to have any Plea of inroding the Errors by so using it as they now do in their own Names and with their own Seals as by the male-contented and puritanical Party in the days of King Charles the first it was objected they did and they libelled and traduced for it but are sufficiently vindicated therein by the reverend Father in God Robert Sanderson late Lord Bishop of Lincoln in a Treatise called Episcopacy as established by the Laws in England not prejudicial to regal Power And even in this very Statute of Edward VI. the Bishops are to use their own Seals and Names in all faculties dispensations collations institutions inductions letters of Orders c. and in limiting which also to his own Name and Seal the King's supremacy had been equally asserted nay more concern'd because peculiarly enlarged if that the thing was aimed at for the granting Letters of Orders is what is purely hieratical and solely Episcopal seated in the highest Order of the Priest-hood a peculiar embellishment to the Crown and the Bishops by acting in the other Instances in their own Names and by their own Seals must have in as his high a degree invaded a most singular and choice Prerogative of the Prince the right of Investiture admission into Temporals Institution and Induction into Benefices are Acts purely worldly and secular and originally in the Crown could an Objection be framed from the particular Form either ways and such its Circumstances as indeed and really cannot be § X I come next to Queen Elizabeth where we shall find that as she reassumed the Supremacie in the first year of her Reign alienated by Queen Mary and this by Act of Parliament cap. 1. in which is the Oath of Supremacy to be taken as in that Act ordered and limited and because a great many Cavils were made and sinister malicious Constructions The Queen her self in that very Year endeavors to rescue her Subjects and disentangle them from all such Jealousies and among her Injunctions 1559 for Peace and Order in the Church and State there is an admonition to simple Men deceived by Malitious The Words are these which though many I 'le here transcribe and in effect but the same with those of the Convocation 1562. on the very same occasion The Queens Majesty being informed That in certain Places of the Realm sundry of her Native Subjects being call'd to Ecclesiastical Ministry of the Church be by sinister Perswasion and perverse construction induced to find some Scruple in the form of an Oath which by an Act of the late Parliament is prescribed to be required of divers Persons for the recognition of their Allegiance to her Majesty which certainly was never meant nor by any equity of Words or good Sense can be there from gather'd would that all her loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath than was acknowledged to be due to the most noble King of famous Memory King Henry VIII her Majesties Father or King Edward the VI. her Majesties Brother And farther her Majesty forbiddeth all manner her Subjects to give ear and credit to such perverse and malicious Persons which most sinisterly and maliciously labour to notifie to her loving Subjects how by word of the said Oath it may be collected that the King and Queens Possessors of the Crown may challenge Autority and Power of Ministry of divine Service in the Church wherein her said Subjects be much abused by such evil disposed Persons for certainly her Majesty neither doth nor ever will challenge any Autority than that was challenged and lately used by the said noble Kings of famous Memory King Henry VIII and King Edward VI which is and was in Ancient time due to the Imperial Crown of this Realm that is under God to have the Soveraignty and Rule over all manner of Persons born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal ever they be so as no other Foreign Power shall or ought to have any Superiority over them And if any Person that has conceived any other sense of the Form of the said Oath shall accept the same Oath with this interpretation sense or meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner of Penalties contemn'd in the said Act against such as shall peremptorily and obstinately refuse to take the same Oath And because this is
2. 5. or in what extent soever the Kings of Judah are proposed as Patterns to our Kings for the exercise of Power in the Christian Church in our Nine and thirty Articles and may authorize them in it to be sure they were never design'd Examples in this particular of Unction or whatever Power it was they were to have as from them our Church could not mean it should thus be derived Our Kings of England 't is plain owe no one instance of their Power to the Coronation it self much less to their being then anointed one but particular Ceremony in the Performance of it and all Jurisdictions and Rights they have as Kings they have before and are to enjoy their whole life-time Supposing they were neither anointed nor even Crown'd at all 't is all an high Ceremony Solemn and Magnificent Peculiar as is the Person and Power and Majesty of a Prince as is becoming a Crown Imperial when set on his Head and the anointing may be used as very lively significant and expressing that separation of his Person which was due and made and acknowledged before and really in him as has been the Custom by Oyl so to sever and set apart Persons and Things but that the thing it self is either commanded or expected by God or design'd and used by Man to any other end service or purpose I never could yet understand David Blondel in his Formula regnante Christo Pag. 119. tells us that the Unction or Custom of anointing Princes was not used among Christians till the year of our Lord 750. and the Consecration of their King Pippin and it was often repeated as twice four five times a year as he instances in several Princes and makes evident it is not look't upon as an initiating investing Ceremony whatever else use they appropriated to it though afterwards it was adjudged Sacriledge to iterate it by a growing Superstition and assum'd Opinion of it the famous Arch-Bishop of Paris De Marca in his Second Preface to his Book De Concord c. and in the Second Book Cap. 7. of the Treatise it self tells us of some in the Greek Church that were of the Opinion that the Prince had the Priestly Power by virtue of his Unction And it was defined in a Synod held at Constantinople in the year of our Lord Nine hundred and seventy that the anointing of the Emperor gives him the same Power to forgive Sins as has the Sacrament of Baptism and the Greeks out of the same Principle of flattery managed the same Opinion and gave their Emperor the same Power as hath the Patriarch but this as we are told depended mostly on a Faction then on foot as it was in it self precarious and Arbitrary so wee 'l leave it to its first bottom which is none at all nor needs it any farther Consideration § V NON est Respublica in Ecclesia sed Ecclesia in Republica 't is the saying of Optatus lib. 3. Contr. Parmen Donatist The Common-wealth is not in the Church but the Church in the Common-wealth under the Head and Government of the Powers of the World as to the Temporals and that instance of the Polity of it no Plea of Office and Deputation what Commission or Designation soever from God and Christ can or ever did exempt any one Man on Earth from it collate or invest therewithal a Power for Earth above it at least as binding Rules for continuance and a pattern for future Practice Our Saviour had it not who made me a Judge or a Divider and none can exercise it as from him but by Usurpation but the Common-wealth and the Church are no ways thus in Subordination and dependencies in another regard as the Church is a Body endow'd with Powers Spiritual thus they are different as the Soul and Body are in Man's Person in their distinct Orbs and Stations as are the Sun and the Moon in the Heavens have a quite diverse Orb and Powers Influences and Devolutions that are variant As the Church must be always in the World in that other sense subject to its governance to the accidents too oft the frowns and high displeasures of it till the World it self is no more So must the World be in the Church in this other sense if that World for whose Sins Christ died if coming to Heaven and Salvation be subject to its Head and Jurisdiction the World may not improperly be said to be as the Moon and the Church as the Sun receiving light and assistance splendor and glory and beauty from it thus influenced and increasing with the increase of God though the Metaphor needs not run any farther and as it has been stretcht too much by some and all this is demonstrable and will appear as evident as the Sun in its Zenith or at Noon day 't is wrote as with an Adamant a Pen of iron on a Rock on that Pillar the Church to be seen and read of all Men and to all Ages for evermore in the Original rise and succession of Church Power in all Transactions Records and Histories of it in the Matter of Fact as notorious to the common sense of Mankind as that one and two make three is to his reason and which is the only Rule in this case to be gone by I 'le begin with the Apostles and so come down to those Ages of the Church and Laws Imperial and Concessions whose Truth and Interest is believed by all to be such as not to engage them to be false in which all Parties agree and concenter § VI PVLCHERRIMA illa quae Ecclesia continet coagmentatio non ex Imperio Romano fluxit Christo monstrante sequentibus Apostolis Grot. in Animadvert Rivet ad Articul 7. That comeliness of Order and Degrees in the Church did not slow from the Roman Empire but from Christ Jesus the Apostles following and imitating of him and as he their chief great Master had not so neither had they his immediate Deputies and Successors their Power either from Man or the Will of Man they in no instance consulted with Flesh and Blood with any thing Humane and of the World in the first rise devolution and conveyance of it but still term themselves the Apostles and Ministers of Christ Jesus nor in the execution of this Power did they do otherwise they consulted only with themselves in the arduous difficult cases arising 't is to the Spirit of the Prophets the Prophets alone are to be subject they go up to Jerusalem to the Apostles and Elders there Acts 15. and 't is Peter James and John consult together upon the like occasion Gal. 2. 't is they ordain Elders and give Laws in all Churches leave Timothy and Titus in Ephesus and Crete and appoint for decency and order they are brought before Kings but 't is mostly if not always to suffer they there take the advantages to assent and plead this their Right and Power distinct and separate to give Rules and Exhortations but
Constitutiones Ecclesiasticae 1597. ut homines idonei ad sacros ordines admittantur IT were needless Pains to insist on and § IV shew the particular judgment of our Church Whether this Power be in her Pastors alone exclusive to as the People so the Prince also the Rubricks in the Common-Prayer Book suppose and farther invest all Offices there in the Hieratical Order what ever relate to the Divine Worship and Service and which are by them alone to be perform'd the Prjest is still distinguished from the People or Laity nor is the Prince there considered but as of the Laity in attendance in Common with the other Worshippers and to be sure in the Book of Ordination 't is the Bishop lays on Hands and Consecrates he the origin and head of all Power derived whether to Bishop Presbyter or Deacon and in what degree soever of Power it is that is given That Person which by open denunciation of the Church is rightly cut off from the Vnity of the Church and excommunicate ought to be taken of the whole multitude of the Faithful as an Heathen and Publican until he be openly reconciled by Penance and received into the Church by a Judg that hath Autority thereunto as among the Articles of Religion 1562. Article 33. and this Judg is neither Chancellor Official nor Commissary c. but a Bishop or Presbyter the Arch-Deacon cannot do it if not a Presbyter and but in Deacon's Orders in these alone is the Power of both retaining and absolving in the Articuli pro clero 1584. and the libri quorundam Canonum c. and in the constitutiones Ecclesiasticae 1597. and all set out by Queen Elizabeth he that would once for all be satisfied what is the sense of our Church let him but once read over our seven and thirthieth Article of Religion together with the occasion of it and he must be convinced that her Judgment is on our side however 't is received whether as Orthodox or Erroneous by him Among other Articles agreed upon by the Bishops and other learned Godly Men in the Convocation held at London 1552. this was one The King of England is supreme Head in Earth next under Christ of the Church of England and Ireland Many bad Inferences were made and sinister Consequences affixed and particularly that the King was declared a Priest impower'd to administer in Divine Service In the Reign of Queen Elizabeth 1561. and till which time during the Reign of Queen Mary the Objection to be sure had been urged sufficiently and improved a Convocation being called and Articles agreed upon by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the 37th Article and in answer to the Objection they more fully explain themselves in these Words and declare The Queens Majesty hath the chief Power in this Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes do appertain and is not nor ought not to be subject to any foreign Jurisdiction Where we attribute to the Queens Majesty the chief Government by which Titles we understand the Minds of some dangerous Folk to be offended We give not our Princes the ministring either of God's Word or of the Sacraments the which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testifie but that only Prerogative which we see to have been given always to all Godly Princes in holy Scripture by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restraining with the Civil Sword the stubborn and Evil doers AND this is all is laid claim to by our § V Princes themselves and that the Statute-book or any other claim of theirs entitles to and invests them withal in the late collection of Articles Canons c. made by Anthony Sparrow now Lord Bishop of Norwich I meet with nothing done by King Henry VIII save what is mentioned by King Edward VI. in the entrance to his Injunctions 1547. and which are there transcribed with his own additions the design and end of which is only to procure publick and general obedience to the Laws and Duties of true Religion and that every Man truely observe them as they will avoid his Displeasure and Penalties annexed All that Henry VIII got by the submission of the Clergy in the five and twentieth year of his reign cap. 19. was this as there set down in the Statute That the Clergy would not for the time to come assemble in convocation without the King 's Writ That they would not enact promulge or execute any new Canons Constitutions Ordinance provincial or other or by whatsoever Name they shall be called in Convocation unless the King 's Royal license be had his Assent and Consent in that behalf That all Canons Constitutions before made prejudicial to the King's Prerogative Royal repugnant to the Laws and Statutes of this Realm or overmuch onerous to the Subject be abrogated and of no value all other standing in their full strength and power the King's Assent first had unto them The meaning of all which appears only to be this That nothing relating to Church-Affairs and Proceedings is to be made Law or to be proceeded for or against in any outward Court whatever in a forensick judicial way but by the leave and autority of the King without his Royal Assent first had and his hand set to it And this is that Title of the supreme Head of the Church of England which he hereupon assum'd to himself and which some little time afterwards confirm'd to him in full Parliament his Heirs and Successors the Power of the Church it self is not at all abated as purely such and from our Saviour only brought to a dependency upon the King which before was upon the Bishop of Rome and who had exercised here that headship and still claims it § VI AND that this was really all the King then aim'd at by the submission of the Clergy viz a Right and Supremacie of Inspection over all Persons in all Causes within his Realms and Dominions and that no Pleas of Religion or the service of Christ is to exempt them from the judicial Cognizance and Jurisdiction of their Prince this will appear more plain and evident by the several Proceedings and Acts concerning Church-Affairs made by this King in that 19 cap. and five and twentieth year of his Reign where the submission of the Clergy is turned into an Act and in the several Acts ensuing in all which it does not appear that he ever assumed to himself and exercised any other than such like external Power and Autority in spiritual Matters he intermedles not with any one Instance of Priestly Power as purely such but on the contrary cautions with Clauses and Preventions lest any such thing should be or be supposeable so
in the Objection the several Acts are these That no one Canon of the Church have the force of a Law but what is appointed by such Inspector of the Canons as he shall name and appoint That no Appeals be made to Rome upon the Penalty and Danger contained and limited in the Act of Provision and Premunire made in the 16th year of King Richard II. That all the Canons not repugnant to the Laws of the Realm or to the Damage of the King's Prerogative Royal are to be used and executed as they were before the making this Act. That no license is to be required from the See of Rome for the Consecrating and Investiture of Bishops That 't is in the King alone to nominate and present them That the Pope has no Power in Spiritual Causes to give Licenses Dispensations Faculties Grants c. all this is to be done at home by our own Bishops and in our own Synods and Councils cap. 21. and this Provision is particularly made Sect. 19. ibid. provided that this Act or any thing or things herein contained shall be hereafter interpreted or expounded that your Grace your Nobles and Subjects intend by the same to decline or vary from the Congregation of Christ's Church in any thing concerning the very Articles of the Catholick Faith of Christendom or in any other things declared in Holy Scripture and the Word of God necessary for yours and their Salvation but only to make an Ordinance by Policies necessary and convenient to repress Vice And for good conservation of this Realm in Peace Vnity and Tranquility from Ravine and Spoyl insuing much the old ancient Customes of this Realm in that behalf not minding to seek for any Relief Succor or Remedies for any worldly things and humane Laws in any case of necessity but within this Realm at the hands of your Highness your Heirs and Successors Kings of this Realm which have and ought to have an Imperial Power and Autority in the same and not obliged in any worldly Causes to any Superior § VII IN the 26th year of his Reign cap. 1. when declared Supreme Head of the Church of England in Parliament as before recognized by the Clergy the Power he thereby is invested with is also declared viz. To visit redress reform order correct restrain and amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of spiritual Autority or Jurisdiction ought or may lawfully be reformed repressed order'd redressed corrected restrained or amended most to the pleasure of Almighty God the increase of Virtue in Christ's Religion and for the conservation of Vnity Peace and Tranquility of this Realm cap. 14. he appoints the number of suffragan Bishops the Places of their residence and the Arch-Bishop is to consecrate them In the 28th year of his Reign cap. 10. The King may nominate such number of Bishops Sees for Bishops Cathedral Churches and endow them with such Possessions as he will In the 31th year cap. 14. he defends the Doctrine of Transubstantiation the Sacrament in but one kind enacts that all Hereticks be burnt and their Goods forfeited that no Priest may marry for Masses Auricular Confession c. in the 34 5. cap. 1. recourse must be had to the Catholick Apostolick Church for the decision of Controversies And therefore all Books of the Old and New Testament in English being of Tindal 's false Translation or comprising any matter of Christian Religion Articles of the Faith or Holy Scripture contrary to the Doctrine set forth sithence Anno Domini 1540. or to be set forth by the King shall be abolished no Printer or Book-seller shall utter any of the said Books no Persons shall play or interlude sing or rhime contrary to the said Doctrine no Person shall retain any English Books or Writings concerning Matter against the holy and blessed Sacrament of the Altar or for the maintenance of the Anabaptists or other Books abolished by the King's Proclamation There shall be no Annotations or Preambles in Bibles or new Testaments in English the Bible shall not be read in English in any Church no Women c. to read the New Testament in English nothing shall be taught contrary to the Kings Injunctions and if any spiritual Person preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and shall thereof be convict he shall for his first Offence recant for his second abjure and bear a fagot for the third he shall be adjudged an Heretick and be burnt and loose all his Goods and Chattels In the 37. year cap. 17. The full Power and Autority he hath by being Supreme Head of the Church of England is To correct punish and repress all manner of Heresies Errors Vices Sins Abuses Idolatries Hypocrises and Superstitions sprung and growing within the same and to exercise all other manner of Jurisdiction called Ecclesiastical Jurisdiction Sect. 1. and Sect. 3. 'tis farther added To whom by Holy Scriptures all Authority and Power is wholly given to hear and determine all manner of Causes Ecclesiastical and to correct Vice and Sin whatsoever and to all such Persons as his Majesty shall appoint thereunto And so far is all this from deriving to himself and exercising any thing of the Priest-hood that he is totidem verbis declared and reputed only a Lay-Man in the first Section of that Chapter nor do any one of these Instances here produced amount to any more than to the defending and guarding by Laws Truth and punishing and repressing Errors whether in Doctrines or in Manners at least such as are so reputed by the Church and State § VIII 'T IS true and easily observable that just upon the assuming to himself the Title of the supreme Head of the Church there was ground enough for suspition that the Church her self and all her Power was to be laid aside and whereas the reason and end of every particular Parliament before and of each of his till then is still said to be for the honor of God and holy Church and for the Common-Weale and Profit of this Realm 't is abated and said only for the honor of God and for the Common-Weale and Profit of this Realm the benefit of holy Church is in words at least left out and in the room of it is once added to the conservation of the true Doctrine of Christ's Religion As if the design was according to the Models now adayes framed and endeavour'd by private Persons to be set up That the care was to be only of Doctrines in which and in charity and love and abatements to one another the Essence of Church-Unity in general and each Christian with another consists But yet however this so hapned or upon what design either in himself or others 't is certain he abridged not the Church-Men of any one Instance of that Secular worldly Power as that of the supremacie derived unto them is called 25
Castelvetrus her second Husband as Mr. Selden suggests or by the Archbishop himself what is necessarily hence to be inferr'd I 'le here again give in the words of our always to be reverenced Mr. Herbert Thorndike of the Laws of the Church Cap. Vlt. Pag. 394. Neither is the Publishing Erastus his Book against Excommunication at London to be drawn into the like Consequence that those who allow'd and procur'd it allow'd the substance of what he maintain'd so long as a sufficient Reason is to be rendred for it otherwise for at such time as the Presbyterian Pretences were so hot under Queen Elizabeth it is no marvel if it was thought to shew England how they prevail'd at home first because he hath advanced such Arguments as are really effectual against them which are not yet nor never will be answered by them though void of the Positive Truth which ought to take place instead of their Mistakes and besides because at such times as Popes did what them listed in England it would have been to the purpose to shew the English how Machiavel observes they were hamper'd at home and for the like Reason when the Geneva Platform was cried up with such Zeal here it was not amiss to shew the World how it was esteem'd under their own Noses in the Cantons and the Palatinate § XVII I am now to shew the concurrency of our Doctors in the Church and who still go along with me and say the same thing that Church Power as such is not from the Civil Magistrate and his supremacy in all Causes and over all Persons infers it not an induction would be too numerous the Particulars being so many I 'le only instance in two the one is Thomas Bilson then Warden of Winchester and afterward Bishop there in his Book entituled The true difference between Christian Subjection and un-christian Rebellion perused and allowed by publick Autority and dedicated to Queen Elizabeth and for writing of which he had his Bishoprick the other is Robert Sanderson then the King's Professor at Oxford and after Bishop of Lincolne in his Book called Episcopacie as establed by Law in England not prejudicial to the Regal Power written in the time of the long Parliament by the special Command of King Charles the I. but not published by reason of the Iniquity and Confusion of the Times and since printed and dedicated to our present gracious Soveraign King Charles II. two Divines as they flourished in our Church at a great distance of time from one another so are they at as great distance for their Worth and Merit beyond the generality of the Divines of their times and by which as we have the advantage of their greater Autority as to themselves to which add That they acted herein as publick Persons by Autority appointed to write in the Name of the Church of England and in such Cases Men generally are more careful how they vent their own private Niceties and Conceptions so also have we a farther benefit hereby that this was and is the continued constant Doctrine of our Church and Church-Men from Queen Elizabeth to King Charles II. Bishop Bilson thus speaks part 2d pag. § XVIII 124. printed at Oxford It is one thing who may command for truth and another who shall direct unto truth We say Princes may command for Truth and punish the refusers this no Bishop may challenge but only the Prince that beareth the Sword no Prelate has Autority from Christ to compel private Men much less Princes but only to teach and instruct them these two Points we stand on pag. 125. 126. he tells the Jesuite the Prince is Supreme to establish those things Christ has commanded and so he all along shews it the design of the Oath of Supremacy against the pretended outward Jurisdiction of the Pope claiming as Christ's Vicar on Earth a coercive Power in order to spiritual things over the Persons of all Christians whatsoever whose Subjects soever and in whatsoever Causes even our Kings themselves And that it is no more thence to be inferr'd that Princes because supreme Governors over all Persons in all Causes are therefore supreme Judges of Faith Deciders of Controversies Interpreters of Scripture Appointers of Sacraments Devisers of Ceremonies and what not then if it should be inferr'd Princes are supreme Governors in all Corporal things and causes ergo they are supreme Guiders of Grammar Moderators of Logique Directors of Rhetorick Appointers of Musick Prescribers of Medicines Resolvers of all Doubts and Judges of all Matters incident any wayes to reason art or action We confess them to be supreme Governors of their Realms and Dominions and that in all Spiritual things and causes not of all Spiritual things and causes we make them not Governors of the Things themselves but of their Subjects we confess that her Highness is the only Governor of this Realm the Word Governor doth sever the Magistrate from the Minister and sheweth a manifest difference between their Office for Bishops be no Governors of Countries Princes be these bear the Sword to reward and punish those do not pag. 127. They have several Commissions which God signed those to dispense the Word and Sacraments these to prescribe by their Laws and punish by the Sword such as resist them within their Dominions pag. 128. That no Clergy-Man by God's Law can challenge an exemption from earthly Powers pag 129. Princes have full Power to forbid prevent and punish in all their Subjects be they Lay-Men Clerks or Bishops not only Murders Thefts Adulteries Perjuries and such like Breaches of the second table but also Schisms Heresies Idolatries and all other Offences against the first Table pertaining only to the Service of God and Matters of Religion pag. 130. as the Kings of Israel did who are the Christian Princes example pag. 132. and it is the duty of Christian Kings to compel from Heresies and Schisms to the confession of the truth consent of Prayer and Communion of the Lord's Table to compel Hereticks and Schismaticks to repress Schism and Heresie with their princely Power which they receive from above chiefly to maintain God's glory by the causing the Bands of Virtue to be preserved in the Church and the Rules of Faith observed pag. 133. this is the Prince's charge to see the Law of God fully executed his Son rightly served his Spouse safely nursed his House timely filled his Enemies duely punished and he tells the Jesuite if he grants this he will ask no more And these the causes and things that be Spiritual as well as Temporal the Princes power and charge doth reach unto or in the words of St. Austin that Princes may command that which is good and prohibit that which is evil within their Kingdoms not in Civil Affairs only but in Matters that concern divine Religion Cont. Crescon l. 3. c. 51. pag. 134. to page 145. and this or power of the like nature was what was claimed and used in causes Ecclesiastical which
Oath we make Princes the only supreme Governors of all Persons in all Causes as well spiritual as temporal utterly renouncing all foreign Jurisdictions Superiorities and Autorities upon which Words mark what an horrible Confusion of all Faith and Religion ensueth if Princes be the only Governors in Ecclesiastical Matters then in vain did the Holy Ghost appoint Pastors and Bishops to govern the Church if they be Supreme then they are superior to Christ himself and in effect Christ's Masters if in all Things and Causes spiritual than they may prescribe to the Priests and Bishops what to preach which way to worship and serve God how in what Form to minister the Sacraments and generally how Men shall be governed in Soul if all foreign Jurisdiction must be renounced then Christ and his Apostles because they were and are Forreigners have no Jurisdiction nor Autority over England But this is what only the ill Nature and Malice of our Adversaries would have us to believe and assert and give out to the World we do 't is what is and all along has been repell'd with scorn and indignation both by our Princes in their single Persons and in their Laws in Parliament and though some of our Divines have wished the Oath had been more cautiously Penn'd and think it lies more open to little obvious Inferences of this nature than it needs and which amuse the unwary less discerning Reader yet all own and defend it as to the substance and design and intent of it and which is throughly and sufficiently done by the learned Warden in this Treatise as appears by this Specimen or shorter account is now given of it and he that peruses the whole Treatise will find more and John Tillotson Doctor in Divinity and Dean of Canterbury is if not the only yet one professed conforming Divine in our Church that publickly from the both Pulpit and Press has given the Romanist so much ground really to believe we are such as they on purpose to abuse us and delude others give it out we are and complyes so far with their Objection and Calumny just now recited as by Philander drawn up against us gives so much of Force and Autority to it § XIX BISHOP Sanderson in his Treatise now mentioned has a different task from Bishop Bilson the one was to vindicate the Prince that he invades not the Church the other the Bishops or Church that from usurping on the Prince Bishop Sanderson among many other things urged by him and as his Subject requires is express in these Particulars pag. 121. That there is a supreme Ecclesiastical Power which by the Law of the Land is established and by the Doctrine of our Church acknowledged to be inherent in the Church pag. 23. That regal and Episcopal Power are two Powers of quite different kinds and such as considered purely in those things which are proper and assential to either have no mutual relation unto or dependance upon each other neither hath either of them to do with the other the one of them being purely spiritual and internal the other external and temporal albeit in regard of the Persons that are to exercise them or some accidental Circumstances appertaining to the exercise thereof it may happen the one to be some wayes helpful or prejudicial to the other pag. 41. that the derivation of any Power from God doth not necessarily infer the non-subjection of the Persons in whom that Power resideth to all other Men for doubtless the power that Fathers have over their Children Husbands over their Wives Masters over their Servants is from Heaven of God and not of Men yet are Parents Husbands Masters in the exercise of their several respective Powers subject to the Power Jurisdiction and Laws of their lawful Soveraigns pag. 44. The King doth not challenge to himself as belonging to him by virtue of his Supremacy Ecclesiastical the Power of ordaining Ministers excommunicating scandalous Offenders the power of Preaching adminstring Sacraments c. and yet doth the King by virtue of that Supremacy challenge a Power as belonging to him in the right of his Crown to make Laws concerning Preaching administring the Sacraments ordination of Ministers and other Acts belonging to the Function of a Priest pag. 69 70 71. it is the peculiar reason he gives in behalf of the Bishops for not using the King's Name in their Process c. in the Ecclesiastical Courts the occasion of the whole discourse and which cannot be given for the Judges of any other Courts from the different nature and kind of their several respective Jurisdictions which is That the Summons and other Proceedings and Acts in the Ecclesiastical Courts are for the most part in order to the Ecclesiastical Censures and Sentences of Excommunications c. the passing of which Sentences and others of the like kind being a part of the Power of the Keys which our Lord Jesus Christ thought sit to leave in the hands of the Apostles and their Successors and not in the hands of Lay-Men The Kings of England never challenged to belong to themselves but left the exercise of that Power entirely to the Bishops as the lawful Successors of the Apostles and Inheritors of their Power the regulating and ordering of that Power in sundry Circumstances concerning the outward exercise thereof in foro exteruo the Godly Kings of England have thought to belong unto them as in the Right of their Crown and have accordingly made Laws concerning the same even as they have done also concerning other Matters appertaining to Religion and the Worship of God but the substance of that Power and the Function thereof as they saw it altogether to be improper to their Office and Calling so they never pretended or laid any claim thereunto but on the contrary renounced all claim to any such Power or Autority And for Episcopacy it self the Bishop sets down his opinion in a Postscript to the Reader the words are these My opinion is That Episcopal Government is not to be derived merely from Apostolical Practice or Institution but that it is originally founded in the Person and Office of the Messiah our Blessed Lord Jesus Christ who being sent by his Heavenly Father to be The great Apostle Heb. 3.1 Bishop and Pastor 1 Pet. 2.25 of his Church and anointed to that Office immediately after his Baptism by John with Power and the Holy Ghost Acts 10.37 38. descending then upon him in a bodily shape Luk. 3.22 did afterwards before his Ascension into Heaven send and impower his holy Apostles giving them the Holy Ghost likewise as his Father had given him in like manner as his Father had before sent him Joh. 20.21 to exercise the same Apostolical Episcopal and Pastoral office for the Ordering and Governing of his Church until his coming again and so the same office to continue in them and their Successors unto the Worlds end Mat. 28.18.20 this I take to be so clear from these and other like Texts of
Priests to Correct and Punish them to whom the Priests are to pay Tribute and this all along from the Examples of the Kings of Israel from our Saviour from St. Peter this contrary to the practice of the Pope who claims these Powers and Advantages to himself and in his own Power Person executes them 't is the Princes Province assign'd him in the Scripture to Punish and Coerce to enforce Penance and Restitution and that evil-doers be cut off according to St. Paul to prohibit and smite such as refuse to serve God according to the Priests instruction as did Hezekiah to the Worshippers in the Groves and high places destroying them as did the King of Nineveh compelling the whole City to Repentance forbidding for the future by terrible Laws as did Nebucadnezzar thus Justinian the Emperor gave Laws in Religion concerning Faith and Hereticks Churches Bishops and Church-men Marriages c. and the same and only this Power have the Kings of England assum'd to themselves as he instances all along to the End of the Book particularly in the Church Laws made by several Kings in this Island as Canutus Etheldred Edgar Edmund Adelstan Ive Oswin Egfrid William the Conqueror in his Letters for the Endowment of Battle with its Priviledges and Immunities and which Mr. Selden makes use of to his purpose though no ways serving it for he only exempts the Church from Episcopal Visitation but neither in this or any other of their Letters Rules Laws and Injunctions given to the Church is any thing of Church-Power as such own'd claimed appropriated or but pretended to by virtue of the Crown or Regal Power given them of God but the two Powers are supposed distinct and disparates and so in particular King Edgar in that his severer correptive Monitory-Oration or Letter to the Clergy of England their faults appearing then very notorious he at length thus addresses himself unto them Ego Constantini vos Petri gladium habetis in manibus jungawus dexteras gladium gladio copulemus ut ejiciantur extra castra leprosi ut purgetur Sanctuarium Domini ministrent in Templo silii Levi. I have the Sword of Constantine you have the Sword of Peter in your hands let us joyn right hands together let us couple Sword with Sword that the Leprous may be cast out of the Tents and the Sanctuary of the Lord be Purged and the Sons of Levi minister in the Temple And a little farther applying himself to Dunstan the Archbishop he tells him Contempta sunt verba veniendum est ad verbera urguisti obsecrasti atque increpasti Admonitions will do no more good he must come to blows and thereunto directs him to joyn with himself Edwald Bishop of Winchester and Oswald Bishop of Worcester Vt Episcopali Censurâ regia Autoritate turpiter viventes de Ecclesia ejiciantur c. by the Episcopal Censure and Regal Autority the one assisting but neither usurping upon and destroying the other these evil Men be cast out of the Church and better placed in their rooms So unlucky is Mr. Selden in this first Quotation § XXII STEPHEN Bishop of Winchester in his Oration de vera Obedientiâ comes next but brings nothing more of advantage to his side and as it was Printed 1537. and but a year after the Opus eximium c. so does he as to the Substance copy after him and asserts Henry VIII Head of the Church i. e. all Christians within his Dominions as were the Kings of Israel over all the Jews i. e. to take care of their Morals and see that they do their Duty to God their Neighbour and themselves as Justinian gave Laws to the Church and the Causes of Heresies were agitated with the Caesars and Princes that were Christians and Laws made promulgated and enjoyn'd execution both by our Kings here in England and also by others elsewhere and particularly refers to that Oration of Edgar just now mentioned and adds farther out of it how Dunstan that most holy and excellent Archbishop of Canterbury submitted to this his Jurisdiction and most willingly embraced that word of the King Quâ se gladium gladio copulaturum edixit ut dissoluti Ecclesiae mores ad rectam vivendi normam aptarentur in which he engaged to joyn Sword to Sword in order to the reducing the Church to a just and due way of living meaning his Kingly Power to the Power of the Church assisting the Spiritual with the Temporal Arm for so the Bishop goes on and interprets these two Swords and instances in Excommunication as a branch of that which is in the Churches hands Altero gladio ad illud Pauli alludens quem verbi ministri docendo excommunicando exercent altero praeminentiam ostendens jure divino concessam cui omnes parere quotquot Principis ditioni subjecti Ecclesiam constituunt omnino debent By one Sword alluding to that of Paul which the Ministers of the Word exercise in Teaching and Excommunicating by the other shewing that Pre-eminence granted by God and to which all must obey that subjected to the Jurisdiction of a Prince constitute a Church within his Dominions and which two Powers though requiring different Obedience to divers Persons and Governors as to the Bishops and Ministers of the Word of God and to the King are not at all adverse to and against one another nor is any thing more detracted from or diminished thereby of the Obedience to the King than when a Wife obeys her Husband and a Servant his Master by the general Command of God and yet this is another of Mr. Selden's Autorities which with his usual forehead he brings for the sense of the Doctors of our Church in the days of Henry VIII and that the Church-Power is none at all but as derived from the Crown and the Prince can Excommunicate I wonder how he omitted the Oration of Richard Samson to this purpose and at the same time he being Dean of the Chappel to Henry VIII and which would have made a 〈◊〉 shew in his Margin which is the main thing he aims at it certainly came not to his hands and it would have serv'd his turn as well as any of the other there being in him not one word concerning the Power of the Church left by Christ and he only asserts the King Supreme Head of the Church of England the Church as made of so many Persons implying a Body politick too and they Subjects equally as Christians nor could any man think that is but ordinarily considering or designs not by Names and Attempts to deceive the unwary but credulous World and so is a Knave that the two Universities at that time or the eminenter of the Clergy at Court should assert the Supremacy upon other terms who in all Probability were a secretis of his intimate Council when designing for the Supremacy and to be sure could not be ignorant of the King 's Publick Declarations and the Statute in Parliament that
Publishing them and least of all to say no worse in urging them as the sense and judgment of our Reformers and not to be endured when in opposition to our received and established Church Articles Laws Rubricks and Book of Ordination which and which alone upon the full enquiry and debate each Proposal and Objection and which must be many answered and satisfaction given is to be concluded the sense of every particular Doctor and admit the Conference had been as Doctor Stillingfleet Mistook it appointed by King Edward and his Council and by Law in order to the Reformation and which was began in that King's days the Judgment of the Church of England was to have been reported not from the particular bandyings pro and con amongst them or the draught or draughts of any one or more men and which in their Season was useful nay necessary but from the joynt unanimous result of the whole and which we are sure as to that particular of Church-Power and its Subject ended and united in the Book of Ordination nor upon a general account can those Collections whether in the Cottonian or any Library be in any better repute among us than any other of all the Pamphlets Models of Church and State Government Attempts and Proposals the late unhappy Revolutions in our Kingdom gave occasion to and produced the Condition as to Religion being just such in King Henry VIII days as it was then and the Autorities an Hundred years hence if all shaked in a bag together will be much at one too every man contrived said proposed and wrote as his own either Fancy or Interest or Curiosity or sometimes Reason prompted and directed him and though they may make a Pleasant History with much of diversion yet little of the Sense and Autority of the Nation can be collected and urged from them I am now come to the last of Mr. Selden's § XXIV Friends and our supposed Adversaries those general Tracts De Primatu Regio de potestate Papae regiâ adversus Bellarminos Tortos Becanos Eudemon Joannes Suaresius c. mostly in the days of King James and which were wrote by Lancelot Bishop of Chichester John Collins and the Bishop of Rochester The two last I have not by me nor do I remember I ever saw nor is it of any concern whether I have Bishop Andrews either in order to the answering what is by Mr. Selden brought against him any one that has but heard of that once flourishing Prelate in this Church will easily grant him on our side and much more must he that has read and conversed with his Works find him so and indeed all that Mr. Selden brings out of him and the other two is really ours so far as he reports them to have asserted that the execution of all Ecclesiastical forensick Jurisdiction and by consquence that of Excommunication receives measures and is ruled by the King and his Laws as Head and Moderator and Governor of the Church and Realm and so it ought to be whereas with us the Prince and Realm is Christian and the Church-censures are backed and supported by his Penal Laws in course annexed to and following them the Prince cannot be supposed so void of foresight as to leave himself no Power of inspection in such Proceedings as thus to put his Power into another Man's hands and who is not accountable to him in the Execution Thus the King's Autority is capable of being used against himself and it must in course so happen to his best Subjects 't is that traiterous Position to be abhorr'd and 't is peculiarly provided that it be so and publickly too by the Laws of our Land in the Act for Vniformity of Publick Prayers and it is a great deal more horrible in Church-Affairs as more immediately entitling our Saviour therewith the great abhorrer of all and who we are sure renounced all Pleas in dividing and disposing in Seculars and did all the Power Bishops legally execute in this Kingdom or in others that are Christian belong to them as of Divine Right or was it any other ways so devolved and sixed upon them as thereby enabled in an Arbitrary way of Proceeding without the leave or against the Power of the King with no respect to the Laws and Customs of the Realm to put it in Execution the Bishop and the King thus Independent were also inconsistent any thing or person may and must be inroded and offer'd violence to when the Bishop will and the greatest worldly Punishments next under Capital whenever or upon what Grounds soever he is pleased to Excommunicate be necessarily inflicted this is Imperium cum Jove to erect an Empire within an Empire and no Governments thus divided and distributed can stand and I heartily wish such as upon these Considerations most readily detest it in the Bishop would make their Reflexions in other Persons and Cases also But if Mr. Selden mean as he must do if he continue on the design of his Book that Church-Power and Jurisdiction as such and coming from Christ naked and void of all outward Secular Additions and implies only the forfeiture as a Christian with no one worldly inconvenience no forfeitures of Personal outward Liberty or Estate that the execution and force of this depends on the Prince and Humane Pleasure to temperate restrain and abolish nor is it duly exercised other ways this is overthrown already throughout this Discourse and I 'le only add the Autority of Mr. Selden's mistaken Friend but our real one the great and most learned Bishop Andrews who all along in those very Pages to which Mr. Selden in his Margin refers asserts the quite contrary and the Power of the Prince and the Priest are declared by him two distinct things and not in Subordination he tells us how God instituted in Israel a Kingdom and a Church and which never coaluerunt in unum procul se habuit Imperium ab Ecclesiâ so came together by coalition as to make one but were still diverse and two things had different Works and Offices and thence concludes Conjungi debent Regnum Ecclesia confundi non debent they ought to be united but not confused together and he reckons up the several Offices and Duties of the Prince to take care of Religion in general to see that every Order do their Duties to reprove to correct and coerce in order to it Non licuisse tamen Davidi arcam contingere so Tortus objects upon him and to which he answers Nec regi quidem nostro licet nec ulli aut Sacra administrare aut attrectare quicquam quod potestatis sit mere Sacerdotalis ut sunt Leiturgiae conciones claves Sacramenta arcam figunt suo loco reges attingant post illi quos ea cura tangit ex suscepto munere Ministerii sui But it was not lawful for David to touch the Ark neither is it lawful for our King nor for any either to administer holy things
in Bishop Bilson Cap. 9. pag. 113. As for Excommunication if you take it for removing the unruly from the Civil Society of the Faithful until they conform themselves to a more Christian sort of life this he takes to be the Power of a Christian Magistrate and he goes on and says I am not averse that the whole Church where he is wanting did and should concur in that action for thereby the sooner when all the Multitude joyn with the Pastor in one Mind to renounce all manner of conversing with such will the Parties be reduced to a better mind to see themselves rejected and exiled from all company but 't is the Pastors charge only to deliver or deny the Sacraments Pag. 114.147 but otherwise Lay-men that are no Magistrates may not challenge to intermeddle with the Pastors Function or over-rule them in their own Charge without manifest and violent intrusion on other mens Callings without the Word and Will of Christ who gave his Apostle the Holy Ghost to remit and retain Sins And so expresly again p. 149. If you joyn not Lay-Elders in those Sacred and Sacerdotal Actions with Pastors but make them Overseers and Moderators of those things which Pastors do this Power belongeth exactly to Christian Magistrates to see that Pastors do their Duty exactly according to the Will of Christ and not to abuse their Power to annoy his Church or the Members thereof neither is the case alike betwixt Pastors and Lay-Elders Pastors have their Power and Function distinguished from Princes by God himself insomuch that it were more than Presumption for Princes to execute those actions by themselves or by their Substitutes To Preach Baptize retain Sins impose Hands Princes have no Power the Prince of Princes even the Son of God hath severed it from their Callings and committed it to his Apostles and they by imposition of hands derived it to their Successors but to cause these actions to be orderly done according to Christ's Commandment and to prevent and redress abuses in the doers this is all that is left for Lay-Elders and this is all that we reserve for the Christian Magistrate and that no other Church-Power was then thought by any to belong to the Prince he was not at all considered as its Subject there was no such thing as a pretence then on foot 't is most plain Cap. 9. pag. 108. and among the many Conceits about the Power of the Keys and Subject this never entred into the heart o● any his words are these The Power of the Keys and right to impose Hands I mean to ordain Ministers and to Excommunicate Sinners are more controverted than the other two the Word and Sacraments and which were never questioned by reason that diverse Men have diverse Conceits of them some fasten them on the liking of the Multitude which they call the Church others commit them to the judgment of certain chosen Persons as well of the Laiety as of the Clergy whom they call the Presbytery Some attribute only but equally to all Pastors and Preachers and some especially reserve them to Men of the greatest gifts ripest years and highest calling among the Clergy But there 's none mentioned that they are in the Prince 'T is I know the usual Expression in the Pulpit Prayer and the King is placed next under Christ in these His Majestie 's Realms and Dominions and which as that Prayer it self has no good bottom that ever I could meet with for such the use of it a meer Arbitrary customary thing where did God ever make Christ his Deputy and the King Christ's as to the worldly Powers and Secular things of this life his Commission to our Saviour ran quite contrary and nothing less can be gathered from it this is to found right of Dominion in Grace with a Witness our Kings did not receive or rather reassume it upon these terms nor do they since acknowledge it as so derived King Henry VIII did not and there 's no such thing in any one Act or Statute in his days Doctor Burnet indeed in his Collection of Records gives us two instances wherein the Title of Supreme Head under Christ of the Church of England Supremum Ecclesiae Anglicanae sub Christo Caput The one in the Injunctions to the Clergy made by Cromwel Pag. 178. Num. 12. the other in the Commission by which Bonner held his Bishoprick of the King Pag. 184. Num. 14. but in his Addenda Pag. 305. Num. 1. in the Preamble to Articles about Religion set out by the Convocation and Published by the King's Autority 't is only and in Earth Supreme Head of the Church of England and which is of more Autority than the other because in Convocation It is once or twice used by King Edward before his Injunctions Articles c. and sometimes lest out but no mention of it but never used by Queen Elizabeth in any of hers or in her Proclamations nor is it commanded in her Form of bidding of Prayer nor in the Canons or Form of bidding Prayer in the days of King James 't is neither in the Oath of Supremacy or Allegiance and which is to be seen in the account we have of them by Anthony Sparrow now Lord Bishop of Norwich in his Collection of Canons Articles Injunctions c. and our Seven and thirtieth Article of Religion gives the Queens Majesty that only Prerogative was given all Godly Princes by God himself in Holy Scriptures that which had the Kings of Israel and Judah that which had the Kings of the Gentiles the King of Nineveh in the Prophecy of Jonah and which is an instance I find given by our Divines of the preceding Power in other Princes we contend for and have determined to be in ours and with which if the Prince be not invested he has no Government over his People a great part always will and all may when they will exempt their Persons and Actions from his cognizance and inspection upon pretence of their Faith and Religion but there is not a word of any one Derivation as from Christ nor as the Mediator doth he can he bestow any such Power upon them or are Kings thus under him or any ways then as Members of his Body and as Christians they are to submit to and receive his Laws in order to Heaven and these Laws are to be their Rule in their Government upon Earth which they are to obey and protect which indeed supports and exalts them as Righteousness does a Nation but 't is in and by that Autority they were invested in before Christ and they were indeed in a feeble piteous Case if no other Power to rule with than what the crucifyed Jesus can give them whose Kingdom was not of this World nor did he manage any thing by the Powers of it I know it is the least of the Designs of such that still use this Expression in their Prayers and Discourses and they have great Examples for it and of